Searching Content indexed under Class Actions by WilmerHale ordered by Published Date Descending.
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New York Commercial Division Justice Holds PSLRA Discovery Stay Applies To State Court Securities Act Class Actions
On August 6, 2019, New York Commercial Division Justice Andrew Borrok held that the discovery stay under the Private Securities Litigation Reform Act (PSLRA)
United States
15 Aug 2019
Life And Annuity Series: Cost-of-Insurance Charge Litigation – October 2017 Update
Four recent cost of insurance (COI) decisions were handed down over the summer of 2017.
United States
12 Dec 2017
Supreme Court Remands Spokeo, Continuing Debate Over Statutory Violations and Concrete Harms in Privacy Litigation
The Supreme Court yesterday provided some instruction as to whether statutory violations alone could confer Article III standing. The Court, in a 6-2 decision in Spokeo v. Robins, vacated the Ninth Circuit's ruling in favor of Thomas Robins,
United States
19 May 2016
CFPB Releases Long-Awaited Proposal On Pre-Dispute Arbitration Agreements
On May 5, 2016, the Consumer Financial Protection Bureau (CFPB or the Bureau) released a proposed rule to prohibit the use of pre-dispute arbitration agreements to block consumer class actions.
United States
11 May 2016
Life and Annuity Series: Captive Reinsurance/Cost-of-Insurance Complaint
The complaint against Banner Life combines the "captive reinsurance" class action claims brought last year with the cost-of-insurance (COI) class action claims that are now popping up.
United States
4 Mar 2016
Life and Annuity Series: Captive Reinsurance Class Actions
There have been several new class actions filed recently challenging "shadow insurance" transactions between life insurance companies and their "captive reinsurers."
United States
25 Jan 2016
Life And Annuity Series: ERISA—Shape Of Things To Come
The class action complaint titled Bell v. Anthem, Inc., et al. (S.D. Indiana) raises a number of novel ERISA allegations that could be a preview of the future, especially if the DOL fiduciary rule is adopted this year.
United States
5 Jan 2016
Have Class Arbitrations Found New Life?
Can a claim on behalf of a class of plaintiffs be handled effectively and fairly in an arbitration proceeding?
United States
25 Nov 2015
CFPB Releases Outline Of Proposals To Block Pre-Dispute Arbitration Agreements In Class Litigation
On October 7, 2015, the Consumer Financial Protection Bureau ("CFPB" or the "Bureau") released an outline1 of proposals under consideration to ban class action waivers in contracts for consumer financial products and services. The announcement is not an official rule proposal, but instead represents a concrete step in that direction.
United States
9 Oct 2015
Life And Annuity Series: Annuity Cases—Good 9th Circuit Decision
The August 2015 decision from the 9th Circuit, titled Eller v. Equitrust Life Ins. Co, provides helpful precedent for the defense of annuity sales practice cases.
United States
24 Aug 2015
WilmerHale 2014 in Review
Many of our largest matters of the past 12 months crossed disciplinary boundaries, as clients called on us to navigate multifaceted legal and strategic challenges. We worked with leading companies and financial institutions facing sensitive government investigations and related proceedings on issues ranging from high-frequency trading and market access to government contracting and whistleblower claims.
United States
26 Jan 2015
Unnoticed Supreme Court Decision Could Narrow Securities Fraud Law
On June 23, 2014, all eyes in the securities bar were fixed on the Supreme Court’s opinion in Halliburton as practitioners and commentators evaluated the impact of that decision on the future of private securities class action litigation.
United States
5 Aug 2014
US Supreme Court Updates Basic Inc. v. Levinson Presumption Of Reliance For Class Certification Motions In Halliburton Co. v. Erica P. John Fund, Inc.
In Halliburton Co. v. Erica P. John Fund, Inc., a decision authored by Chief Justice Roberts, the US Supreme Court on Monday reversed the Fifth Circuit's decision certifying a class in a securities fraud class action brought under section 10(b) of the Securities Exchange Act of 1934 and Securities and Exchange Commission Rule 10b-5.
United States
26 Jun 2014
US Supreme Court Decides Closely Watched Case On ERISA "Stock Drop" Class Actions
In Fifth Third Bancorp v. Dudenhoeffer, a decision written by Justice Breyer, the US Supreme Court unanimously held that plan fiduciaries are not entitled to any special "presumption of prudence" under the Employee Retirement Income Security Act of 1974 (ERISA) when they decide to buy or hold employer stock in an employee stock ownership plan (ESOP).
United States
26 Jun 2014
ITA-ASIL 2014: Mass and Class Claims in Arbitration
In the wake of hotly contested domestic and international developments, speakers at the Annual ITA-ASIL Conference in Washington, DC on April 9 gave varied and sometimes conflicting perspectives on the use of mass and class claims in arbitration.
United States
25 Apr 2014
Discussing Class Actions In The Supreme Court With LXBN TV
On December 5, 2013, the House of Representatives passed the Innovation Act (H.R. 3309) (the "Act") by a vote of 325-91. The Act proposes several changes to the patent litigation system such as enhanced pleading requirements, fee shifting, discovery limits, patent ownership disclosures, and stays of customer suits.
United States
9 Dec 2013
"Comcast Corp. Et Al. v. Behrend Et Al.": Continued Rigor In Class Certification
On March 27, 2013, the US Supreme Court issued its second opinion in two years underscoring that lower courts must conduct a "rigorous analysis" into the efficacy of economic models.
United States
6 Apr 2013
The U.S. Supreme Court And Class Arbitration: A Tragedy Of Errors
This post addresses the U.S. Supreme Court’s misadventures with class arbitration over the past decade.
United States
23 Sep 2011
Supreme Court Rejects Proving Loss Causation As A Requirement For Class Certification In Securities Fraud Class Actions
Last week, the Supreme Court handed a victory to securities class action plaintiffs for the second time this term by rejecting the United States Court of Appeals for the Fifth Circuit's unique requirement that securities plaintiffs must demonstrate "loss causation"—i.e., the causal link between an alleged securities fraud and plaintiffs' losses—as a predicate to class certification.
United States
20 Jun 2011
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